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PEOPLE v. HARRISON

47 A.D.3d 541 (2008)

849 N.Y.S.2d 435

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN HARRISON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 29, 2008.

Defendant's challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The van at issue was an "inclosed motor truck," and it met the definition of a "building" under Penal Law § 140.00 (2) and § 140.20 (see People v Mincione, 66 N.Y.2d 995, 997 [1985]; People v Silva, 122 A.D.2d 750...

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